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HomeMy WebLinkAbout07/13/1981 Council Minutes20 Council Meeting June 22, 1981 Duck project had been received from the Engineer on Friday and since most of the money is invested, there is only a partial payment in this meeting's disbursements. He wanted to clear this with the Council. Mr. McLean moved to adjourn. Seconded by Mr. Kulaszewicz. Aye. 11:05 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on July 13, 1981. t):0,L-?-4-' e4-if-4 dna L. Sarner, Clerk - Treasurer Council Meeting July 13, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., July 13, 1981, by Mayor Gourley with all Council members present. Mr. Schumacher, Mr. Meister and Mr. Locher were also present. MINUTES - JUNE 22, 1981 On considering the minutes, Mr. McLean correct them as follows; page three, paragraph two - the motion should read 'from ER to R' added after the work 'classification' in the second sentence, also adding 'a 10 acre minimum'. Mr. Kulaszewicz moved to approve the minutes as corrected. Seconded by Mrs. Elsenpeter. Motion carried with Mr. Jaworski abstaining. DISBURSEMENTS On considering the disbursements, there were no questions - Mayor Gourley said the disbursements would stand approved as presented. OPEN MIKE There was no one to speak. MR. JAMES LUSHINE Mr Lushine is with the Minnesota Department of Economic Development. Mr. Lushine noted that this deparment name will be changed. He was here to speak on what economic development does for a community. He pointed out that growth is inevitable. Mr. Lushine pointed out that there is no right answer as to what per- centage of the community should be developed into tach catagory. He said this City has the best of two worlds - rural and metro. Mr. Lushine said the least that should come out of this meeting is that the City should put together a profile of this community. His depart- ment will print up copies of this and forward 150 copies to the City for distribution. Mr. Lushine pointed out some things that should be done; 1) a slide program of what the City has to offer; 2) a labor force survey; 3) a Council Meeting July 13, 1981 Comprehensive Plan; 4) a five year C.I.P. He gave the Council some ideas on how these things can be accomplished. Mr. Lushine felt two important questions was 1) how many people live in and work in Lino Lakes? and 2) how many students stay in Lino Lakes after graduation? He left some publications for Council consideration and offered to asssst this Community in any way he can. Mr. Elsenpeter asked if Mr. Lushine's:department offers any sort of work- shop offering guidance and Mr. Lushine -said, Yes, they work on a one to one basis. Mr. Lushine was thanked for his time and information. PLANNING AND ZONING CARRY OVER ITEMS ROBERT DUFOUR - SPECIAL USE PERMIT AND VARIANCE The concern at the last Council meeting was the legal description of the property. Mr. Schumacher presented the correct legal description of the land proposed to be split - there was discussion on the total acreage of the land. Ownership of the property was also a concern. Mr. DuFour presented a contract for deed to the property. Mr. DuFour has paid the park dedication funds. What is needed is the permit for parking the trailer, and a variance to Ordinance #78 for the transfer of the parcel of land. Mr. McLean moved to approve the request for a variance to split this land under Ordinance #78 as signed by Mr. Pudwill and Mr. Leiberman. Seconded by Mr. Jaworski. Motion carried unanimously. The special use permit application for the parking of the trailer was con- sidered. This trailer has been parked at that location for four months at this point in time. The ordinance permits 4 -90 day permits for parking this unit during the construction of the home. Mr. DuFour said his first concern is to get the septic system in and then he will start on the foundation. He wants to gets the home colosed in before winter in order to work inside during the winter. Mr. McLean wanted Mr. DuFour to understand that if in nine months from now work has not started, this trailer would be pulled out. Mrs. Elsenpeter read the Ordinance setting the rules and regulations for the permit, for the keeping of a trailer on his property during the con- struction of his home. Mr. Kulaszewicz seconded the motion. Motion carried unanimously. GOOD - VEHICLE STORAGE APPLICATION Mr. Good was not present to answer questions. Mr. Schumacher reported this is for the storage of a 1959 Mercedes Benz and a 1966 Lincoln Continental behind his garage at 7641 Lake Drive. 22 Council Meeting July 13, 1981 Mr. McLean noted that the Council needs a reason for this application and he does not see any reason set forth on this application. Also, the fee - is this $5.00 per vehicle? Yes, per year. Mr. McLean felt this was a method to avoid purchasing license plates. He also felt this ordinance was for the storage of vehicles of persons, either in the service or away at college - not for the permission to park unlicensed cars. Mr. McLean asked that the applicant be present to answer questions as to why he is asking for this permit. Mrs McLean moved that the applicant be requested to appear at the next Council meeting to answer questions on this application. Seconded by Mr. Kulaszewicz. Motion carried unanimously. SPECIAL USE PERMIT - DUNCANSON - SECURITY ARM ON FENCE This application is for the installation of barbed wore on the security arms on a fence that has already been installed. These arms angle in- ward. There was discussion of this fence - where it is located in relationship to the street right -of -way and it relates to the existing fence. ,r/ Aurandt, representing Mr. Duncanson, said the fence continues the existing fence. This fence is for the purpose of storing all the equipment at that location inside this fence. The inside of the area is being leveled to accomodate the boats and trailers that have been parked on the street and the right -of -way. There was discussion of the employees using the parking lot at the Park for the parking of their cars. Mr. Aurandt felt that once the equipment is moved into the fenced area, there would be sufficient room for employees to park on the North side of the shop. Mr. McLean asked for a time frame for the removal of the equipment from the street and the boulevard. Mr. Aurandt felt this would be completed before the winter. Mr. McLean moved to approve the special use permit for the installation of three strands of barbed wire on the existing security arms on the six foot chain link fence at Luther's Sport Shop and asked that Mr. Duncanson be asked to remove all equipment from the street right -of -way within 30 days. Seconded by Mr. Jaworski. Mrs. Elsenpeter was concerned with the employees using the park parking lot for private purposes. She noted that all new businesses coming into this City must provide sufficient parking spaces for their business and their customers. Mrs. Elsenpeter amended the motion that Mr. Duncanson be required to provide sufficient parking spaces for his employees on his own property. Mr. Aurandt felt that 30 days was too short a time - perhaps 60 days. Mr. McLean amended his motion to change the '30 day' requirement to '60 day' Mr. Kulaszewicz seconded Mrs. Elsenpeter's motion. The vote was on the original motion and the amendment. Both carried uannimously. SPECIAL USE PERMIT - JOHN LeBLOND This is for a veteranry clinic on Lake Drive - the Planning and Zoning 1 Council Meeting July 13, 1981 had approved this activity with the stipulations that additional in- formation be supplied on the landscaping and storm water drainage, also parking and driveway surfacing. 23 A letter from the Anoka County Health Department indicated no problems with the use of the properyt. Mr. LeBlond had prepared a sketch of his proposal. This is a pre - existing building with some planting that is there. Mr. LeBlond explained some of the planting he plans to do. Mayor Gourley asked if a planting schedule could be prepared. Mr. McLean questioned the surfacting of the driveway and parking spaces and Mr. LeBlond said 'crushed limestone' but he would need to leave access to the rear of the building for deliveries. Mr. Jaworski moved to approve the Special Use Permit for Mr. LeBlond to operate a Veterinary Clininc per Mr. Short's recommendations with a land- scaping plant to be subnitted to Council within 60 days and limestone to be used in the driveway and parking spaces. Seconded by Mr. Kulaszewicz. Motion carried unanimously. A recess was called at this point in the meeting. The meeting reconvened. ROCKY's NORTH The hearing on the license at Rocky's North was called to order. Mayor Gourley asked the Clerk to read the notice that was mailed to Rocky's Noarth notifying them of this hearing, which she did. This notice had been sent certified and the signed return card indicating that the letter had been delivered had been received. Mayor Gourley noted that at the last Council meeting, the Chief of Police had been requested to investigate this establishment and report back to the Council. He asked for that report. Cheif Myhre reported that he had an officer stop at his former address and talk to the landlady, a Mrs. Landsber, and she stated that Mr. Schlosser moved from that address on May 1, 1981 leaving no forwarding address. A letter from the Police Department had been mailed to that address with an address correction requested. The letter was returned marked 'moved, left no change of address'. Chief Myhre had another officer stop by the place of business and check to make sure someone wasn't living at that address. He made several checks at night for cars or persons on the premises, and no one was found to be living at that location. Chief Myjre went with the building inspector when he checked the premises and there is no physical way any one could be living there. Chief Myhre said, at this point, he believes they are in violation of the residency requirement of the City Ordinance. Mr. Mark Seccombe and Mr. Gregory Schlosser were present to answer questions from the Council. Mayor Gourley noted that the Chief of Police indicates that Mr. Schlosser does not live in the City of Lino Lakes, therfore, they are in violation of the Ordinance that requires a resident manager. Mr. Schlosser said that living conditions got too bad - he still has 24 Council Meeting July 13, 1981 stuff in the apartment - everything had been put in his roommate's name - he just changed apartments - he is still living in Lino Lakes - his new address is on Wood Dick Trail - he just moved there - he's always been living in Lino Lakes. Mayor Gourley pointed out that a letter had been mailed and had not been forwarded - Mr. Schlosser said he had not changed his address. Mayor Gourley said he had talked with a friend of Mr. Schlosser's last Firday and he told the Mayor that Mr. Schlosser was living in New Brighton. Mr. Schlosser said he stayed at his girl friends a lot. He said he still had all his stuff at the Main Street address. Mayor Gourley said one method to establish residency is to send a certified letter which was returned as undeliverable. Mayor Gourley re- peated that he had talked with a frined of Mr. Schlosser's who said he was living in New Brighton and had been since the early part of May. Mayor Gourley asked Chief Myhre if he had any reports on further incidents or violations. Chief Myhre said there has been four tags written to the management of the bar - the bartender or the establishment. The first was on September 15, 1980. This was for having three persons in the bar at 2:40 A.M. The bartender was behind the bar, there were drinks on the bar. The bartender never showed up for court - in fact, there is a warrant out for his arrest at this time. September 25, 1980, a citation was written for having a live band wihtout a police office approved bouncer. This has gone to court - the manager appeard in court - the judge continued the hearing for one year and if a similar violation does not occur within that year, the judge will dismiss the charge - the case is pending. July 8, 1981 at 8:12 P.M., another officer observed a liquor violation where several persons were drinking outside-.tthe bar - a citation was written for that. That same night in just over two hours, the same violation was observed. There was one other serious incident where a tag was written to a patron who was involved in a fight and there was a dangerous weapon. There have been two assaults where persons have bben hospitalized, one of the bartenders was beaten up and threatened - several simple assaults - large amount of damage to vehicles in the parking lot - delibertly damaging other vehicles, fireworks, noise call, etc. Mayor Gourley reminded the management of Rocky's of the meeting of last November, where the residency requirement was discussed and they had been informed how important it was to their license and at that time, there was a comparative list of violations listing the number that had occured since the change - and at that time there seemed to be a great deal of activity since the first of July and at that time Mr. Seccombe said he had just purchased the establishment and had just taken over the management in September and things were gonna get better and yet on looking at the report from the Police Department and just looking at the incidents from September of last year, it doesn't indicate any improve- ment at all. Rather, in fact, than the disorderaly conduct and fights that happened there before, now there are ciolations of the State Liquor Laws and violation of City Ordinances. Mr. Seccomber asked what the State Liquor viola tions and Mayor Gourley Council Meeting July 13, 1981 25 said, there were two, 1) serving liquor after hours, and 2) - Mr. Seccomber said that was before they took over and had been answered at the November meeting; Mayor Gourley said there was a matter of holding a dance without a bouncer. Mr. Seccomber felt that this had been taken care of at the meeting in November. On discussing the drinking in the parking lot, Mr. Seccombe said they asked the Police to write the tickets - they watch that very closely. Mr. Jaworski questioned this statement and said that if he drove by the establishment at this time, he would find peiple drining in the parking lot - in fact, he saw this every time he went by. Mr. Seccombe asked if that was a very serious offense and Mayor Gourley said this is a serious violation and is in violation of State Liquor Laws. Mayor Gourley asked the building inspector for a report on his inspection. Mr. Kluegel said he had inspected the building with Jon Christensen, from the Anoka County Health Department. Mayor Gourley said he wasn't so much concerned with the report other than the place was kinda dirty and ice was being served out of a pail. He was more interested in the events that preceeded the inspection. Mr. Kluegel said that Mr. Cristiansen was allowed to inspect, but the building inspector was not allowed in the building until he called the Chief of Police and then he was allowed to inspect the premises. Mayor Gourley asked Chief Myhre to give his report. Chief Myhre said he received a phone call from Mr. Klueget stating that the person at the bar would not allow him to make an inspection which is in violation of City Ordinance. Cheif Myhre said he went through the bar and no one was up stairs except for four or five patrons - he was told they were down stairs - he went to the top of the stairs and was met there by Mr. Pestello and bad some very heated exchange of words with him - Chief Myhre kept asking, 'are you refusing to allow Mr. Kluegel down to check ?' and it took four time before Mr. Pestello said the Mr. Klueget, 'You can go down, but Myhre, you stay here'. Chief Myhre went down right behind Mr. Kluegel. At the bottom of the stairs, Chief Myhre was jumped again and told he wasn't supposed to be down there and told to stay upstairs. Chief Myhre asked if he was being refused entry and Mr. Pestello walked away. Mayor Gourley asked, who else was present at the bar, other that the patrons, and Chief Myhre said, Mr. Seccombe, he was downstairs with the Health Inspector. Mayor Gourley asked Mr. Seccombe if he wasn't concerned that one of his employees was talking to a Police Officer in this manner - an Officer that was trying to make an inspection that is a condition of your license? Mr. Seccombe said the man doing the inspection was already own ther - Mayor Gourley said the Police Officer is allowed to make an inspection also. Mayor Gourley noted that one condition of the license is that any Police Officer or any City Employee designated by this Council is authorized to make an inspection. 26 Council Meeting July 13, 1981 Mr. Seccombe said there was a little bit of heated discussion because it soulnded like a bunch of harrasment two years of non - inspection of the place and all of a sudden somebody told somebody to get an inspec- tor down ther to take a look at the place before the meeting on Monday. Two years prior we haven't been inspected - the insepctor told us that and he said he's willing to show the things, that the last time he was there, three years ago, he'd made a report and none of the things were tanen care of - we were unaware of that - we asked him to funish us with those reports if possible - so we can take a look. Mayor Gourley felt that there had been an inspector there last year during the time Mitra Morris was in there. Mayor Gourley said that if this were me and an employee of mine was giving an inspector and a Police Officer that kind of trouble, I think I'd be a lettle bit concerned. I understan you own 99% of the corpor- ation and you allow an employee to stand and give that kind of trouble to a duly authorized law enforcement officer who has the right to come in there and inspect at any time. Do you give that kind of trouble to our Police Officers when they do a walk through? Mr. Seccombe said, NO. Mayor Gourley - Are you the owner of the bar? Mr. Seccombe, Yes. Mayor Gourley said - looking through some of the ICR reports he would like to note a couple of them for the record; 6 -22 -80 - 6 vehicles were left in the parking lot and the Police Officer walked through the bar and flund 6 people sitting around with the manager - 4 worked there, but two others were customers, and he had advised them at that the bar should have been emptied by 12:30. Mr. Seccombe said, Just for your information, we were'nt there, we took over in September. Mayor Gourley said he still wasn't sure that he had taken over in September because we have it from our last meeting that your business manager, by his own testimony was in the bar in July. Mr. Seccombesaid he might have been out there looking over the place. Mayor Gourley said he told ys he was out ther to help out Mitra Morris. Mr. Seccombe said we didn't buy it until September. Mayor Gourley - 7 -16 -80 - nine people in the Woodshed Bar at an alleged employee meeting - Mr. Seccombe - we still weren't there. Mayor Gourley - Aug. of 1980, I know that Mr. Pestello was manageing the place at that time. Mr. Seccombe - if you get the minutes and find out exactly - because we wern't there. Mr. Jaworski said the minutes did not indicate the exact that Mr. Pestello came there but in recalling, Mr. Pestello had stated that he had been there for some time. Mr. Seccombe agreed that he (Mr. Pestello) might have been there for some time be he had not bought the bar until September. Mayor Gourley said he thought there was a time when Mr. Seccombe only owned 50% of this bar and someone else owned the other 400. Mr. Seccombe said that was Mr. Schaum. Mr. Schlosser owned 1%. Mayor Gourley asked if Mr. Seccombe owned the bar on Sept. 15th and Mr. Seccombe said he night have. Mayor Gourley said on Sept. 15th there were persons in the bar after hours - Sept. 23rd - fight in the bar, dispersed crowd in the parking lot - no tags issued; Sept 25th - tag written for not having a bouncer; Sept. 30th - same tag, sorry; Dec. 27th junk cars in lot - called and had removed; Dec. 31st - terroist threats against bartender - fight at bar; Jan. 2nd - property damage accident in lot; 1 -10 - Mayor Gourley asked what happened - Mr. Seccombe said someone was causing trouble in the bar and they threw him 1 Council Meeting 'July 132 1981 27 out and the patron called the Police but he didn't press charges; Jan. 29th - there was an assault in the bar; Jan 25th - there was a tag issued for junk - same thing on Jan. 24th; Jan 23rd - possession of dangerous weapin in the bar, there was a fight in the bar and one of the patrons was carrying a knife. Mr. Schlosser said they had gone to court on that and the man used the knife in his work. The man was just helping him (Mr. Schlosser) out - the knife was never pulled or nothing; Mr. Jaworski - before you leave that one - according to the supplement investigation report on that particular incident, the bearer of the knife made the statement 'he carried the knife so he wouldn't get bear up'; May llth — fireworks and possible gun shots; May 13th - more terrorist phone calls' June 25th - an officer was given a bad time when he stopped in on a complaint of fireworks. Mr. Seccombe said if he remembered right, that was on a Thursday night and Nobody - Nobody had any fireworks that night - I was there that night; June 25th - accosted in the bar - Mr. Seccombe said he was there and she wasn't - someone dropper her off in front of the building - she came in and ordered a drink and started rapping everybody - I cut her off - I asked her to leave - she ran outside and waved down a Police Officer and said someone was accosting her. There was no follow up - the Officer never came in. She said someone had a 45 ACP pistol in the bar. Complaint from someone down there about the excessive noise from motorcycles that take off from there. July 8, 1981, Police Officers saw at least five persons in the parking lot with beer in plastic cups - and he had already talked with Mr. Schlosser and that beer was being served in plastic cups at the bar and that the people in the parking lot were drinking beer from plastic cups. The officer was enroute to another call and observed three persons drinking in the parking lot again. Another officer checked and he observed the same thing - this was two hours later. Mr. Seccombe said he called on that - Mayor Gourley said there was no indication on the report that any call had been made. Chief Myjre said that if there were any questions, the officer who wrote the two tickets was present. Officer Kjer said there was actually three violations, he stopped and warned them once and then wrote the two citations - actually, there were four, becasue he had asked Officer Ross to go back and recheck and about 30 mi -utes later he was at that location and observed the same thing Officer Kjer had. Myaor Gourley said he had no more questions. In closing, I don't think that coming in here the night of the hearing and give some address -no one knows if it's a sufficient address or not, 8185 Wood Duck Trail, is it even in the City and Chief Myhre said it was. Mrs. Elsenpeter asked where he livend in that house since it is a single family home and Mr. Schlosser said he had a bed in the basement. Mayor Gourley, as of whe, yesterday? Mrs. Elsenpeter, do you get mail at that address? Mr. Schlosser hasn't received any yet - hasn't given out his address. Mrs. Elsenpeter - the point she tried to point out was - the permit is - you requested a liquor license for this year beginning July 1 and that time you indicated what your address was and if you had not lived there since May and if you were living at a different address, you should have 28 Council Meeting c; July 13, 1981 given it at that time. Mr. Schlosser said he has always been living there - it's just that his roommate put everything in his name he didn't want it in his name anymore hecasue he's been applying for loans. Marilyn Elsenpeter - which one do you lice at - you can't live at both - we have to be able to get ahold of you - that's the whole point - we have to be able to call you or send you a letter - if we sent you a letter at the Main Street address it would be returned - if we sent you one at the Wood Duck address, I can assure you, you wouldn't get it. Mr. Schlosser said his roommate, Terry, is taking care of his mail - for the last three weeks the place has been flooded out so bad Chief Myhre said the letter there comes back 'moved left no forwarding address'. Mrs.Elsenpeter said no mail goes there. Mr. Jaworski - even the owner of the building made the statement that you didn't live there as of May 1st. Mr. Schlosser said he had all his stuff over there. Mayor Gourley asked Officer Kjer of the owner had not said the apart- ment had been leased to another party as of May 1st. Mr. Schlooser said that was when Terry put everything is his name. He could go over there right now and you could help him move his stuff out of there - just becasue it's not in my name doesn't mean I'm not living there. He said the place has been flooded out the last three weeks to a month - as soon as he finds a place to rent and he has enough money to rent a house, he will be moving. Mayor Gourley asked how many hours he works at the bar and Mr. Schlosser said, about 45 hours a week. Mayor Gourley asked Mr. Seccombe if he had brought some payroll records along to establish that Mr. Schlosser worked at the bar that many hours. Mr. Seccombe said he had brought a few checks these are cancelled checks therefore only go to June. Mr. Jaworski said that upon the application for the take over of the Wood Shed, it was indicated at that time, by this Council, that con- ditions at that bare were not very good. I know I made the statement that I expected things to improve. Up to the point I see absolutely no improvement, in fact, it seems as if things are going backwards. Mr. Seccombe said the voilations had been discussed - things that happe -ed in the parking lot, etc, those are nothing -- Mr. Jaworski, to say it is nothing - if I took the other liquor establishments in Lino Lakes, I don't think they come up to this number of voilations together. No matter what the violations are, there are, we do not have the violations of City Ordinances and State Liquor Laws at the other two establishments that we do at Rocky's North. You people come in here and promised this Council that things would improve - that you would absolutely take care of the problems down there - and you have not taken care of them. In fact, there's a lot of things in these reports where the Police weren't even there that I know about that happened down at your place and I wouldn't even want to mention them. Mayor Gourley said he sat here last Fall and played paper chase games with you as to what corporation bought what and when and now we're sitting here playing paper chase games again trying to figure out where Mr. Schlosser lives - what City - what apartment and I'm tired of playing the shell game myself. Anyone else have a comment? Council Meeting July 23? 1,9.8.1 29 Mr. McLean asked Mr. Locher does this constitute evidence (referring to the name, address and phone number where Mr. Schlosser now resides) Mr. Locher said it is merely a name and phone number - is merely a statement - it si not an affidavit. Mr. Schlosser said 'I'm still living at that apartment over there - I Just moved some of my stuff Mayor Gourley said, you are not living at that apartment - we mailed you a letter and it came back undeliverable. If you were still living at that apartment, it would have been deliverable. Do you have some mail with the address to you at this address dated within the last 30 days? dated since May 1st? Do you have anything - a bill or a letter from your girl friend mailed to you at this address? Mr. Schlosser said, No. Mayor Gourley said that is the only way we can establish that you live at this address - to mail you a letter. We did that and it came back undeliverable, wo you're not living at that address and we can't estblish that you're living at this one. Mr. McLean asked Mr. Seccombe if he was the 99% owner and Mr. Seccombe said he was. Mr. McLean - have you got somebody else you can come up with - this guy can't get a location - you' better get somebody else or you're in trouble. Mr. Kulaszewicz pointed out that if he was making a move, it would have been a simple matter to inform this City of the move and where he was moving to. Mr. Seccombe said now that he does have a semi- residence until he can find a house that he can afford to rent - he does have a residency here in Lino Lakes - how can I prove that to you? Mayor Gourley said, you can't, tonight. It was asked if Mr. Schlosser could be given ime to find a residency and Mayor Gourley said that was what was done the first time they were in here - he was living with a friend and was given 30 days to find a place in Lino Lakes - now he's moved out of there and never told the City. Mr. Seccombe said he had only received this letter a week ago that the council wanted all this stuff - he's been living there - how can I prove it to you? how could I have proved ti to you then? You understand what I'm saying? weren't you aware that he'd moved and Mr. Seccombe said, No. Mayor Gourley said, I would have been aware of that becasue if my liquor license depended on it, I'd know where that man lived all the time. Mr. Seccombe said he lived in Lino Lakes. Mayor Gourley said, not according to my testimony from a friend of his - he was living in New Brighton and had been since May. How are we gonna keep - I'm tired of beating this residency thing to death - we're no further ahead than we were a year ago. Mayor Gourley asked how are they gonna keep the crowd under control? It's the license holder's responsibility and yet, I'd have to agree with Mr. Jaworski - you can drive by there, just about any day of the week at night and there's a party out in the parking lot. Mr. Seccombe said there have bbn times when the Police Officer came ing and said there was and I was specifically there all night and I responded to it. Mayor Gourley said he had called in two reports himself and by the time the officer got there; he was delayed for one reason or another, 20 min- 30 Council Meeting July 13, 1981 utes - half an hour before he got there - the offenders were gone at that time. But it indicates there is no control exercised by the license holder, be it Mr. Schlosser or yourself to keep these people inside the bar. I don't have any record of anyone for that establish- ment calling and asking a Police Officer to come down and control these people. Mr. Seccombe said he had personally done that to Chief Myhre. Mayor Gourley - after we had written the tags. Mr. Seccombe - no, before. Mayor Gourley - is that true Marv? Chief Myhre - No, they did not - the day he was in there he was accusing me of everything but moonshining areound the City. Mr. Seccombe - before - wasn't he asked to do that? Chief Myhre - not that I can recall. Mayor Gourley said there is not. one ICR in here that says the bartender and asked for help with crowd control. Not one. A lady from the audience said she worked at the Blue Heron, Wood Shed and Rocky's - she works part -time and she said the place is no worse now than it was before. Mayor Gourley said according to the records it is. She asked who was the bouncer on band night of The Wood Shed - who for the Blue Heron - Chief Myhre said he didn't recall' she asked who was the bouncer for the 49 Club - Chief Myhre said the owner is the bouncer. She asked if it was any different to stand outside of Rocky's than it ;is at the 49 Club, the Down Under, the Legion, Lexington and VFW? Chief Myhre said he couldn't answer for the other Cityies, but in this City it is, Yes. She said they stand outside at those locations all the time. Mayor Gourley said he had driven by the establishments and had yet to see anyone with a drink in their hand. She said they did it all the time - everyone of them. She said tonight at the Down Under - Mayor Gourley interrupted to say, that bar is in a different City - that is not in Lino Lakes' jurisdiction. Mr. Kulaszewicz wanted the statements on the ownership clarified - He asked Marv, Mr. Pestello said that he was the owner - Chief Myhre said No, Greg Schlossed stated, when I asked him Mike? Mike who? he state, you know, the owner, Pestello. Mr. Seccombe said that sometimes Mr. Pestello is referred to as the owner to give control. The Clerk was questioned on the insurance and this has been cleared. The insurance is issued to Mitra, Inc. Mayor Gourley asked Mr. Seccombe if U has any other bars and he said, No, I had another one. Mayor Corley asked if had similar troubles there? Mr. Seccombe said, No. Mayor Gourley asked where the bar was - Mr. Seccombe said, you know were it was - you were there - you were at that meeting. Mayor Gourley said, you are gonna stand here and say you didn't have the same type of troubles at that location, such as drinking outside, that sort of trouble. Mr. Seccombe said he didn't think that was a big issue at that meeting. Mayor Gourley said it's just curious that the same management down there over the past few years has the same trouble there and bow you're out here in Lino Lakes and brought the same trouble with you. Mr. Seccombe said it wasn't the same trouble. Mayor Gourley - drinking out in public, ul,inatint in the parking lot. A lady said that happens at every other bar she had been at, Mayor Gourley suggested she call in a complaint. Mr. Schlosser who calls in and complains about little stuff 1 1 July 13, 1981 like that - how do you stop that - be out there all the time? 31 Mayor Gourley asked Chief Myhre if he had a recommendation and Chief Myhre said he did. Chief Myhre said he didn't feel that be could live some place and not know the address for 60 days and he didn't feel that meets the requirements for the residency because of that and the four citations issued to the management of the bar, one citation to a patron that was carrying a weapon, several dangerous assaults, noise calls, etc., only points out that this liquor establishment under this manage- ment would not be in the public interest and safety if allowed to con- tinue in business. I would recommend that the liquor license be revoked. Mayor Gourley asked if there was any other testimony from the audience. Mr. Al Ross said he didn't know about these other things but he felt it was a privilege to have a license and he had appeared here right after the first of the year requesting, on a safety standpoint, to have lights in the back. There was alight there for a while but it hasn't been burning and to have corrected the entrance and exit at that location - they come out from all directions. I think there should be alittle civic pride there. Mr. Jaworski moved to follow the recommendation of the Chief of Police to revoke the license of Rocky's North and that they be ordered to cease at 12:00 Midnight this date and all patrons be out of the building by 1:00 A.M. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Chief Myhre asked if the Police should physically pick up the license, Mayor Gourley said, Yes. Cheif Myhre said, what time and Mayor Gourley said 12:00 Midnight. A recess was called that this time. The meeting reconvened. FINANCIAL REPORT This item was tabled until the July 27, 1981 meeting. Both May and June will be considered at that time. ENGINEER's REPORT NORTHWESTERN BELL REQUEST Mr. McLean moved to approve the installation of telephone cable in Arena Acres and Forest Glen per Me. Meister's recommendations. Seconded by Mr. Kulaszewicz. Motion carried unanimously. FLOOD PLAIN PROGRAM. Tabled 4 9 _ SEWER PROJECT This a 100% petitioned project - this report is to inform the Council which alternative is being recommended. Mr. Meister explained the two proposals - the most cost effective is Alternative 1 which goes along the rear of the lots. There are also agreements to be signed by the owners which indicates that they will participate in any future sewer plans by the City of Lino Lakes. Mr. Meister said there will be a permanent easement for.':this line dedicated to the City by the owneres. The estimated construction cost for this project is $32,000.00. Mr. Schumacher will be contacting Shoreview on the estimated costs for connection to their system. 32 July 13, 1981 Mr. Jaworski moved to adopt the Resolution ordering the sewer improve- ment for the 49 Club and adjoining properties represented on the petition. Seconded by Mr. Kulaszewicz. Motion carried unanimoulsy. FINAL ACCEPTANCE OF 64th STREET Mr Meister said errors had been corrected and recommended acceptance of this street. Mr. McLean felt that a one year bond should be required on this street per City policy. Mr. McLean moved to accept this street contingent upon the receipt of the one year maintenance hone for 20% of the construction cost. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ANDALL STREET - LANTERN LANE - ASSESSMENT HEARINGS These projects were both 100% petitioned. The Clerk asked that this be the first meeing in August due to publication and mailing that is necessary. Mr. McLean moved to set an assessment hearing for Andall Street, for August 10, 1981, at 8:00 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. MCLean moved to set an assessment hearing for Lantern Lane on August 10, 1981 at 8:15 P.M. Seconded by Mr. Kulaszewicz. Motion carried unanimously. ENGINEERING COSTS ON ANDALL STREET Mr. Schumacher asked for aconsensus of the Council on the reduction in the Engineering costs on Andall Street. There was some discussion on these costs and the reasons for these costs and the general consensus of the Council was this revised figure is acceptable. FEDERAL REVENUE SHARING PROPOSED USE HEARING Mr. Jaworski moved to set a public hearing for the proposed use of the Federal Revenue Sharing Funds for August 10, 1981 at 9:00 P.M. Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Kulaszewicz moved to suspend the rules and set the time for adjourn- ment for 11:30 P.M. Seconded by Mr. McLean. Motion carried uannimously. PARK BOARD REPORT Mr. Schumacher reported on the LAWCON Grant - Metro Council ranked the City No. 1, for recreational points; the application tied for #2 in housing; the State ranked the City #6 becasue there were five acquisition projects and the State ranks that type of application ahead of development; the State ranked the City #1 for development so the final ranking position of #3 and that means the City will be receiving approximately $100,000.00 for the development of Country Lakes Park. The final application still must be completed and some other details worked out. The funds should be available some time next year. Mr. McLean asked about the matching funds that must be supplied by the City and Mr. Schumacher hoped to be able to get some donations, both in the form of cash and in donated time and equipment. July 13, 1981 Mr. McLean noted the concerns of Mrs. LeBlond regarding the opening up of the Lake. Mr. Schumacher said there are several ways of handling these concerns - with ordinances, restrictive parking, etc. Mr. McLean suggested that perhaps these controls should have a priority rating. Mayor Gourley felt that the City Administrator should be commended for doing some extra work and making this ranking possible. PARK SHELTERS AT SUNRISE PARK These shelters are bing donated by the Lions Club and they had asked the Park Board if they would like one large shelter or two smaller shelters. The Park Board had recommended two smaller shelters. This recommendation will be forwarded to the Lions Club. APPOINTMENTS The Park Board had discussed the methods by which persons are appointed to the Park Board. The consensus of the Park Board members were that they would like to screen the persons being considered for appointments to that Board and forward their recommendations to the Council for their approval. Mayor Gourley felt that the Council does not have sufficient persons in- terested in serving as a member of the Park Board to be able to be choosy. He felt that if there was ever enough interested persons that a choice could be made, then input from that Board would be asked for. Mr. Jaworski asked Mr. Schumacher, in screening applicants, do they have any thoughts as to what the qualifications should be for serving on the Park Board? Mr. Schumacher said that question came up and they weren't sure what the qualifications were. Mr. Jaworski asked, what makes them more qualified thati the City Council to screen the applicants? Mr. Jaworski felt that if there are six applicants for the position - the only thenk he could see as a result of haveing the Park Board review these applicants, would be a delay in the appointment. ACCEPTANCE OF RESIGNATION Mr. McLean moved to accept Mr. James Flannery's resignation from the Planning and Zoning Board and authorized Mr. Schumacher to forward a letter of Thanks for his services to that Commission. Seconded by Mrs. Elsenpeter. Motion carried unanimously. APPOINTMENTS. Mr. James Flannery had indicated that he would like to serve on the Park Board. Mayor Gourley had been approached by Mr. Ray Johnson for appoint- ment to the Park Board. The Clerk reported there hadn been no applications submitted to the offices. Mr. Elsenpeter moved to appoint Mr. Ray Johnson (1981) and Mr. James Flannery (1983). Seconded by Mr. Kulaszewicz. Motion carried uannimously. SPECIAL USE PERMITS Mr. Kluegel had gone over the existing special use permits and had prepared a report. July 13, 1981 34 Mr. McLeam interrupted to ask about the needed P&Z members and was told there had been no applications. Mr. McLean moved to authorize the Clerk to advertise for Planning and Zoning Board. Members. Seconded by Mr. Jaworski. Motion carried unanimously. Mr. Kluegel presented the list of Special Use Permits that he had pre- pared. Mayor Gourley asked which ones are not in use at this time. Mr. Kluegel reported that Mrs. Tverberg who had a special use permit for chickens on Hodgson Road is no longer in use; #32, Mr. Alfred Stafki, is no longer in operation; these were the only two that he found at this time. Mr. McLean moved to revoke #10, Mrs. Tverberg and #32, Mr. Stafki, Seconded by Mrs. Elsenpeter. Motion carried unanimously. Mr. Kluegel reported there is a problem with Mrs. Krysinski, #35, in that there are funds owing to the City. Two notices have been set to the party. Mr. McLean moved to set a hearing on the Krysinski Special Use Permit on July 27, 1981, at 8:30 P.M. Seconded by Mr. Kulaszewicz. Motion carried uaanimously. Mr. Kluegel reported there is a problem with the permit issued to the Carriage House Stables. The PCA has been involved in that animal waste is draining into Hardwood Creek. The owner of the operation was present and presented a five year plan for some expansion. There was some discussion on the extent of this expansion and the time frame. Mrs. Elsenpeter said she knew someone who was working for this stables and that the animal waste was being dumped into Hardwood Creek. This allegation was denied. Mrs. Elsenpeter said she would request a public hearing on this special use permit and, her source of information could be brought in and testify, if the Council so desired. She would also request that Mr. Kluegel chcek this out - she had also received infor- mation that there were problems with the septic system. Mrs. Elsenpeter moved to hold a public hearing on this Special Use Permit on July 27, 1981 at 9:00 P.M. Seconded by Mr. McLean. Motion carried unanimously.. Mr. Jaworski asked if the special use permit is issued to the land and not the person and he was told, Yes. Mr. McLean asked a question on #16, issued to LeR oy Houle, for a pole barn to be used for storage of equipment. Mr. MCLean said the equipment is being stored outside. Mr. Kluegel was asked if he inspected that and if he had read the stipulations imposed at the time the special use permit was issued? It was suggested that he read the minutes at the time it was issued and see if Mr. Houle is conforming. Mr. McLean, #34 - junking cars - where is that going on? Mr. Kluegel said this is more or less a winter operation. Mr. Kluegel was asked if he had checked and how many cars are there and Mr. Kluegel said there are none, at the present time. Mrs. Elsenpeter pointed out that there are some that are missing. Mr. McLean asked that this list be checked and updated and this will be considered at the next meeting. Mr. Jaworski moved to table until July 27, 1981 agenda. Seconded by Mr. McLean. Motion carried unanimously. July 13, 1981 ATTORNEY!s REPORT Mr. Locher reported that he had checked the Schuenemann's Corners and found all things in order. 35 Mr. Maworski moved to approve the final plat and uthorize the Mayor and Clerk to sign, contingent upon the park funds and platting fees to the paid. Seconded by Mr. McLean. Motion carried unanimously. Mr. Jaworsk moved to table the balance of the agenda until July 27, 1981. Seconded by Mr. Kulaszewicz. Motion carried unanimously. Mr. McLean moved to adjourn. Seconded by Mr. Jaworski. Aye. 11:45 P.M. These minutes were considered, corrected and approved at a regular Council meeting held on July 27, 1981. 141.k) Edna L. Sarner, Clerk - Treasurer July 27, 1981 The regular meeting of the Lino Lakes City Council was called to order at 7:30 P.M., July 27, 1981 by Mayor Gourley with all Council members present. Mr. Locher, Mr. Kluegel and Mr. Schumacher were also present. Mr. Kulaszewicz moved to approve the minutes of July 13, 1981 as presented. Seconded by Mr. McLean. Motion carried unanimously. Mr. Kulaszewicz moved to approve the disbursements as presented. Seconded by Mr. McLean . Motion carried unanimously. OPEN MIKE There were no requests for this portion of the agenda and no one from the audience asked to speak. PLANNING AND ZONING ITEMS SPECIAL USE PERMIT - NORTH NORTHEAST REALTY This is an amended special use permit for the construction of an additional floor on the top of the existing building. The plans and specifications have been checked by both the Building Inspector and Fire Marshall for conformance. There had been discussion of screening with two methods being suggested - 1) screeing by planting, or 2) installation of a six foot fence. IThe parking was discussed, particularly the area facing the Tom Thumb Store. A bumper will be installed on this property line. Mr. Schumacher said the two major concerns of the Planning and Zoning Board was the screening adjacent to the residential area. These residents were present and this was of a major concern to them. The general discussion